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(1) For purposes of this section, the term “facility” shall mean any commercial establishment that provides motor vehicle refueling or oil changes on a retail basis, if one or more underground tanks are located on-site or used in conjunction with operations conducted on-site.
(2) Each facility in the city must provide notification, as set forth in this section, to the department of health. There shall be no fee to provide notification or to update a notification. Such notification shall be on forms provided by the department of health, and shall include the following information:
(a) Site information: Name, address, telephone number, fax number.
(b) Owner information: Name, off-site address where certified mail can be received, weekday telephone number, 24-hour emergency telephone number, fax number.
(c) Operator information: Name, off-site address where certified mail can be received, weekday telephone number, 24-hour emergency telephone number, fax number.
(d) Current office of the state fire marshal certification number (green sticker) and facility information number, number and size of underground tanks on site, status of such underground tanks (e.g., active, out-of-service, if out-of-service, date taken out), products stored in such underground tanks.
(e) Such other information as the commissioner of health may require.
A notification must be provided to the department of health by January 1 of each year. Such annual notification shall be required even if no changes have occurred since the submission of the previous notification. An updated notification must be provided in the event that any information on a notification form on file with the department of health becomes inaccurate or incomplete in any respect at any time during the year, within 30 days of the change in status. Such changes in status include, but are not limited to, changes in ownership, changes in operator and the temporary or permanent termination of operations at a facility.
(3) Any person owning and/or operating a facility in violation of any provision of this section shall be personally subject to a fine not to exceed $500.00 for each violation, plus court costs and reasonable attorney's fees. Each day that a violation continues shall constitute a separate and distinct offense.
(4) In the event that the city is unable to contact an owner or operator of a facility using information provided on a notification form, or as a result of an owner's or operator's failure to provide notification or update a notification, the facility shall be presumed to be abandoned, and the department of health may, after reasonable efforts to contact the owner or operator, arrange for the closure of the facility, and the abatement of any public nuisances associated with the facility, in accordance with applicable law. Costs incurred by the city in conjunction with such closure and abatement shall be a lien on the property as provided by law. In addition, the owner and operator of the facility shall be jointly and severally liable for costs in an amount up to three times the city's costs of closure and abatement, plus court costs and reasonable attorney's fees. Such fines shall be in addition to any other costs and penalties provided herein.
(Added Coun. J. 10-7-98, p. 78728, § 1; Amended Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6)
ARTICLE XVIII. ASBESTOS, SANDBLASTING, AND GRINDING STANDARDS (11-4-2150 et seq.)
(a) Intent and purpose. Many buildings, facilities or other structures within the city have been constructed or decorated in part with materials, including but not limited to, asbestos containing materials or lead paint, that can pose hazards to the public health or the environment if those materials are not adequately and appropriately handled and controlled during demolition, renovation, alteration, repair, cleaning or maintenance activities. The purpose of this article is to reduce the potential risk of harm to the public's health, safety and welfare or to the environment from releases of dust, debris and other materials occasioned by the demolition, renovation, alteration, repair, cleaning or maintenance of certain types of buildings, facilities or other structures within the City of Chicago.
(b) Definitions. For purposes of this article, the following terms shall have the following meanings:
Abandoned building, facility or other structure means any building, facility or other structure that is either tax delinquent for one or more years or has bills for water service for the building, facility or other structure outstanding for one or more years, or any building, facility or other structure that is substantially unoccupied by the person(s) legally entitled to occupy the building, facility or other structure or at which substantially all lawful business operations have ceased, for at least three months.
ACM means asbestos-containing material.
Adequately wet means sufficiently mixed or penetrated with liquid to prevent the release of dust or other particles. If emissions are observed coming from the material that has been wetted, then that material has not been sufficiently wetted. However, the absence of visible emissions is not sufficient evidence of being adequately wet.
Asbestos means the asbestiform varieties of chrysotile, amosite, crocidolite, tremolite, anthophyllite and actinolite.
Asbestos abatement means any form of work performed in connection with the demolition, renovation, alteration, modification, repair, cleaning or maintenance of a facility that involves the encapsulation, enclosure, repair, removal or disturbance of ACM.
Asbestos containing material (ACM) means any material or product that contains more than one percent asbestos as determined by weight or volume, or by using the methods specified in Title 40, Part 763, Subpart E, Appendix E, Section 1 of the Code of Federal Regulations (C.F.R.), or test method EPA-600/M4-82-020, or other analytical method acceptable to the commissioner. It also means any material contaminated with particles, fibers, or dust from asbestos containing material.
Building means a structure, or part thereof, enclosing any occupancy including residential, institutional, assembly, business, mercantile, industrial, storage, hazardous and miscellaneous uses. When separated by fire walls, each unit so separated shall be deemed a separate building.
Chemical washing means the application or use of any chemical, acid or base, upon any building, facility, other structure or architectural surface for the purpose of cleaning, dissolving, lifting, peeling or removing any paint, corrosion, coloration or weathering.
Commissioner means the commissioner of the department of health.
Container means any portable device in which a material is stored, transported, treated, disposed of or otherwise handled.
Damaged friable ACM means friable ACM which: (i) has deteriorated or sustained physical injury such that the internal structure (cohesion) of the material is inadequate; (ii) has delaminated such that its bond to the substrate (adhesion) is inadequate; (iii) for any other reason lacks fiber cohesion or adhesion qualities; (iv) has lost its structural integrity; or (v) is, in whole or in part, crushed, water-stained, gouged, punctured, missing or not intact such that it is not able to contain fibers. Such damage or deterioration may be illustrated by the separation of the ACM into layers; separation of the ACM from the substrate exposed ACM ends or joints; flaking, blistering, or crumbling of the ACM surface; water damage; significant or repeated water stains, scrapes, gouges, punctures, mars or other signs of physical injury to the ACM.
Debris means pieces of material, dust, rubbish, rubble, garbage, trash or other waste created by construction, demolition or renovation activities or by the cleaning, dissolving, lifting, peeling, removing of any paint, corrosion or weathering from any building, structure facility or architectural surface.
Demolition means the wrecking or taking out of any load-supporting structural member of a building, facility or other structure together with any related handling operations or the intentional burning of any building, facility or other structure.
Demolition fill material means any combination of uncontaminated brick, broken concrete, stone, mortar, sand, gravel or dirt so long as it: (i) contains no pieces of material, exceeding 12 inches in its largest dimension; (ii) contains no organic material or rebar, pipes, posts, splinters, lumber, glass or sheet metal; and (iii) except as otherwise provided in subsection (a)(2) or subsection (a)(3) of Section 11-4-1935, is used as fill on the same site where the demolition generating the material occurred, in a foundation below the existing grade of the site, with sufficient room remaining to accommodate the required final cover.
Department means the department of health.
Disposal, dispose or disposed means the discharging, depositing, injecting, dumping, spilling, leaking or placing of any material into or on any land or water or into any well so that such material or any constituent thereof may enter the environment or be emitted into the air or be released upon or into the soil or be discharged into any water, including groundwater.
Facility means the exterior surface or interior space of any institutional, commercial, public, industrial or residential structure, installation or building (including any structure, installation or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having fewer than two dwelling units); any ship; and any active or inactive waste disposal site. For purposes of this definition, any building, structure or installation that contains a loft used as a dwelling is not considered a residential structure, installation or building.
Friable ACM means any ACM that, when dry, can be crumbled, pulverized or reduced to powder by hand pressure.
Grind or grinding means to reduce matter, including but not limited to brick, mortar or concrete, to powder or small fragments by mechanical means including rubbing, abrading, chipping, drilling, crushing or pulverizing. The term “grind” or “grinding” includes, but is not limited to, the removal of joints in a preparation for tuckpointing.
Hazardous ACM means any ACM which either: (1) is friable; (2) was nonfriable, but which has become friable; (3) is nonfriable, but will be subjected to sanding, grinding, cutting or abrading; or (4) is nonfriable, but which is more likely than not to become crumbled, pulverized or reduced to powder by forces expected to act on the material in the course of a demolition, renovation, alteration, modification, repair, improvement or maintenance activity.
In poor condition means ACM in which the binding of the material is losing or has lost its integrity as indicated by peeling, cracking or crumbling of the material.
Installation means any building or structure or any group of buildings or structures at a single demolition or renovation-site that are under the control of the same owner or operator (or owners or operators under common control).
Manual deconstruction means a systematic disassembly of the components of a building, facility, or other structure in order to achieve economic and environmental benefits such as the reuse of such components for a new construction and the prevention of the emission or dispersion of dust.
Nonfriable ACM means any ACM that, when dry, cannot be crumbled, pulverized or reduced to powder by hand pressure.
Open and unsecured building, facility, or other structure means any building, facility or other structure that is accessible by the general public through any missing or unsecured exterior door or window (outside of normal operating hours for businesses) or through any missing, damaged or unsecured portion of any exterior wall or roof.
Owner or operator means (1) any person who owns, leases, operates, controls, manages or supervises any building, facility or other structure (or any portion thereof); or (2) any person who is performing or has performed any activity regulated under this article at any facility, building or other structure, or both. The term “owner or operator” includes, but is not limited to, any person having legal title to any building, facility or other structure (or any portion thereof), with or without accompanying actual possession thereof.
Person means any individual, group of individuals, association, trust, partnership, corporation, person doing business under an assumed name or any other entity.
Renovation means the altering, modifying or repairing of a facility or one or more facility components in any way, including the stripping or removal of hazardous ACM from a facility component. Operations in which load-supporting structural members are wrecked or taken out are demolitions.
Sandblasting means the application or use of sand shot, chemical processes, or other abrasive or grit removing substances upon any building, facility, other structure or architectural surface for the purpose of cleaning, dissolving, lifting, peeling or removing any paint, corrosion, coloration or weathering.
Tank means a stationary device, designed to contain a material and which is constructed primarily of non-earthen materials (e.g., wood, concrete, plastic, fiberglass, steel, etc.) to provide structural support.
Working day means Monday through Friday and includes holidays that fall on any of the days Monday through Friday.
(Added Coun. J. 9-1-99, p. 10096, § 2; Amend Coun. J. 6-7-00, p. 34984, § 1; Amend Coun. J. 4-9-08, p. 24657, § 3; Amend Coun. J. 10-7-09, p. 73413, § 1; Amend Coun. J. 2-9-11, p. 112149, § 12; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 5-8-13, p. 53462, § 1; Amend Coun. J. 11-13-13, p. 65239, § 1)
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